EL PASO, Texas (KTSM) – KTSM has been following the turmoil at the District Attorney Yvonne Rosales’s office since November of 2021 with several events listed in the petition asking for her removal.
In November of 2021, KTSM reported on the D.A. being under investigation for misuse of governmental resources.
The Texas Ethics Commission’s opinion stated Rosales could face criminal charges for using over $2,600 for political campaign items like t-shirts and pens, of which none contained the D.A.’s office seal.
In December of 2021, 210th Judicial District Court dismissed a capital murder-death penalty prosecution against Ivan Gabaldon, accused of killing a 63-year old man after alleged paid sexual encounter.
Omar Carmona, petitioning for Rosales’s removal, was Gabaldon’s attorney and said the D.A.’s office did not take any action leading to the trial, therefore impeding on the constitutional right to a speedy trial.
“They did not request certain evidence, they did not have certain evidence tested,” Carmona said.
He explained the judge first said Gabaldon would be released to freedom, but then decided to seek death penalty, after initially seeking a capital murder charge.
The death penalty charge was then dismissed, citing the D.A.’s office was seeking for harsher punishment for Gabaldon in order to delay the case, according to the petition submitted by Carmona.
The petition also stated the Court found that Rosales’s office sought the death-penalty “solely to penalize the defendant for exercising his Constitutional right to trial,” also citing this action as “prosecutorial vindictiveness.”
In July of 2022, KTSM reported on Judge Sam Medrano’s status hearing for the alleged Walmart shooter’s trial after Rosales sent out a statement saying she will prepare for the trial in less than a year.
Judge Medrano called out Rosales for not filing any pleading or motion since the beginning of her tenure.
Last week KTSM reported on about 370 criminal case dismissals by the Jail Magistrate Judge that were in preindictment status.
This means that the D.A.’s office did not press charges in time and they had to be dismissed under the violation of the Texas Code.
More dismissals are expected in the upcoming week, according to the petition.
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